269ZCConsideration of applications and requests for review

269ZC Consideration of applications and requests for review

(1) If an application for review of anti-dumping measures is lodged with Customs under section 269ZB, the CEO must, within 20 days after Customs receives the application:

(a) examine the application; and

(b) if the CEO is not satisfied, having regard to the application and to any other information that the CEO considers relevant, of one or more of the matters referred to in subsection (2);

the CEO must reject the application and inform the applicant, by notice in writing, accordingly. (2) For the purposes of subsection (1), the matters to be considered in relation to an application are:

(a) whether the application complies with section 269ZB; and

(b) whether there appear to be reasonable grounds for asserting either:

(i) that the variable factors relevant to the taking of anti‑dumping measures have changed; or

(ii) that, if the anti‑dumping measures to which the application relates had not been taken, the Minister would not be entitled to take such measures.

(3) The notice informing the applicant of the rejection of the application must set out the reasons why the CEO was not satisfied of one or more of the matters set out in subsection (2). (4) If the CEO decides not to reject an application for review of anti‑dumping measures, the CEO must either:

(a) publish a notice in a newspaper circulating in each State, in the Australian Capital Territory and in the Northern Territory indicating that it is proposed to review the measures covered by the application; or

(b) if the application for review related only to the review of the measures as they affect particular exporters and the CEO is satisfied that there is a reasonable prospect that a review of such measures as they affect other particular exporters, or as they affect exporters generally, may be justified—recommend to the Minister that the review applied for be extended accordingly.

(5) If the CEO is requested by the Minister to undertake a review of anti-dumping measures, either as a result of a recommendation made to the Minister under subsection (4) or otherwise, the CEO must, on receipt of that request, publish a notice in a newspaper circulating in each State, in the Australian Capital Territory and in the Northern Territory indicating that it is proposed to review the measures covered by the request. (6) If:

(a) the CEO recommends to the Minister under paragraph (4)(b) the extension of a review of anti-dumping measures; but

(b) the CEO is informed by the Minister, within 20 days after that recommendation is made, that the Minister does not require the review to be so extended;

the CEO must, on being so informed, publish a notice in a newspaper circulating in each State, in the Australian Capital Territory and in the Northern Territory indicating that it is proposed to review the anti-dumping measures under this Division covered by the original application. (7) The notice published by the CEO under subsection (4), (5) or (6) must: